Karnataka Preservation of Trees Act 1976 Chapter VII - Bare Act |
| State | Karnataka Government |
| Year | 1976 |
| Section Title | Miscellaneous |
(1) The State Government may, by notification, make rules to carry out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date on which the modification or annulment is notified by the Government in the official Gazette have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under such rule.
No suit, prosecution or other legal proceedings shall lie against any officer for anything done or omitted to be done by him in good faith under this Act or the rules or orders made thereunder.
(1) The State Government may, by notification, invest the Tree Officers and other officers with all or any of the following powers, namely.
(a) power to enter upon any land and to survey, demarcate and make a map of the same;
(b) powers of a Civil Court to compel the attendance of witnesses and the production of documents and material objects;
(c) power to issue a search warrant under the Code of Criminal Procedure, 1973;
(d) power to hold inquiries into offences under the Act and In the course of such inquiry to receive and record evidence;
(e) power to make possession of property under the Act;
(f) power to direct release of property or withdrawal of charges;
(g) power to insist any person to plant tree or trees of suitable species in adequate numbers on any land owned or occupied by him.
(2) Any evidence recorded under Cl. (d) of sub-section (1) shall be admissible in any subsequent trial before a Magistrate if such evidence has been taken in the presence of 'he accused person and recorded in the manner provided by Sec. 355, Sec. 356 or Sec. 357 of the Code of Criminal Procedure, 1973.
The provisions of Sec. 50 of the Karnataka direst Act, 1963 (Karnataka Act 5 of 1964) and Chapter XVI of the Karnataka Forest Rules shall mutatis mutandis, apply to the transit of the felled trees under this Act.
The State Government may from time to time give to the Tree Authority or any Tree Officer and officers subordinate to him and the Tree Authority may give to the Tree Officer or officers subordinate to him, such general or special directions regarding the discharge of their functions and for carrying out effectively the purposes of this Act and such Tree Authority or Tree Officers shall comply with the directions issued.
The State Government, may, by notification and subject to such restrictions and conditions as may be specified in such notification exempt any area or areas from the provisions of this Act.
Nothing in this Act shall be deemed to affect the operation of the Karnataka Forest Act, 1963 or the Karnataka Land Revenue Act, 1964 and the rules made thereunder and the provisions of this Act shall be in addition to and not in derogation of the provisions of the said Acts and rules.
(1) The Karnataka Preservation of Trees Ordinance, 1976 (Karnataka Ordinance No. 14 of 1976) is hereby repealed.
(2) Notwithstanding such repeal any action taken or any appointment, notification, order, scheme, rule, form or bye-law made or issued under the said ordinance shall be deemed to have been taken, made or issued under this Act and shall continue in force accordingly unless and until superseded by any action taken or any appointment, notification, order, scheme, rule, form or bye-law made or issued under this Act.